Duration
Civil service law : 14h Th
Local political institutions : 10h Th
Number of credits
| Master in law, professional focus in economic and social law | 5 crédits | |||
| Master in law, professional focus in public law | 5 crédits | |||
| Master in law, professional focus in private law | 5 crédits |
Lecturer
Civil service law : Bruno Lombaert
Local political institutions : Geoffrey Grandjean
Language(s) of instruction
French language
Organisation and examination
Teaching in the first semester, review in January
Schedule
Units courses prerequisite and corequisite
Prerequisite or corequisite units are presented within each program
Learning unit contents
Civil service law
English translation to come
Local political institutions
The course "Institutions politiques locales" invites students to analyze the legal frameworks within which local authorities carry out their missions of local interest. It examines, firstly, the control exercised over their decisions through administrative oversight and, secondly, the legal and organizational choices available to them for managing local public services.
The first part is devoted to the administrative oversight exercised over local authorities and the structures they create or in which they participate. Topics covered include the foundations and purposes of this oversight, the competent authorities, the distinction between general and special oversight, the mechanisms for annulment and approval, the obligations for reporting, decision deadlines, the appointment of a special commissioner, and the available appeal procedures. This section allows students to concretely assess the limitations placed on local autonomy and to identify the acts subject to administrative control.
The second part focuses on the different management methods that local authorities can use to fulfill their missions. Its central theme is the decision a municipality or province faces when organizing a local public service: managing the activity directly, creating a legally separate entity, cooperating with other public authorities, partnering with others, or outsourcing the activity to a third party.
The course first examines unilateral management methods, including direct management, ordinary municipal management, and autonomous municipal and provincial management bodies. For each management form, the legal basis, conditions for creation, legal personality, purpose, competent bodies, governance mechanisms, financing, staffing arrangements, liability, and control procedures are analyzed.
The course then addresses associative management methods and forms of local cooperation: equity investments in companies, intermunicipal associations, agreements between municipalities, project associations, and municipal or local non-profit organizations. Particular attention is paid to the choice of legal form, the distribution of powers between partners, the representation of the municipality, transparency obligations, and the relationship with company law, public procurement law, and rules relating to public cooperation.
Learning outcomes of the learning unit
Civil service law
The course will enable students who have followed the course thoroughly and passed the exam to:
- master fundamental concepts in the subject, from a theoretical and practical point of view. The course will be a balance between theoretical teaching enabling an understanding of relevant concepts, and more practical parts aiming at applying these concepts to real cases (documents, procedural records of the State Council, etc.);
- apply concepts to practical situations similar to those encountered in the professions to which the degrees give access. The classes and exercises are designed and focussed on situations encountered by officials and civil servants, specialist lawyers and judges, etc.;
- develop a critical analysis of the existing solutions, controversies and systems covered in class.
Local political institutions
Upon completion of the course, students should be able to:
- identify the oversight mechanisms applicable to the decisions of local authorities,
- distinguish the main management methods,
- understand their legal and institutional implications, and - develop critical reasoning skills to advise a local authority on the choice, organization, and control of a management method.
Prerequisite knowledge and skills
Civil service law
This course is aimed at Masters students in law who therefore wish to specialise in the subject. They must have acquired a grasp of basic concepts through the course on public and administrative law.
Planned learning activities and teaching methods
Civil service law
The course will be divided into theoretical learning sessions and practical work sessions based on lectures. Working documents will be distributed in advance so that students can prepare for the classes.
Local political institutions
The teaching is primarily based on the analysis of concrete situations. Using case studies inspired by real-world practice, provisions of the Code of Local Democracy and Decentralization, sectoral regulations, supervisory decisions, and case law, students are asked to legally characterize the facts, identify the competent authorities, determine the applicable supervisory regime, compare several management methods, and formulate a reasoned recommendation.
Group work culminates in an oral presentation. Students must analyze a local governance issue, draw upon relevant legal sources, outline the advantages, constraints, and risks of possible solutions, and defend their recommended solution.
Mode of delivery (face to face, distance learning, hybrid learning)
Civil service law
Face-to-face course
Local political institutions
Face-to-face course
Further information:
The course is taught in person and takes the form of in-depth discussions on case studies, some of which are presented by the students. Attendance is compulsory.
Course materials and recommended or required readings
Civil service law
Platform(s) used for course materials:
- MyULiège
Further information:
For each theory class, slides will be prepared in order to support the oral presentation.
Reading material (other than the course material) will be recommended on a regular basis for certain classes: relevant jurisprudence, specialised articles, etc.
Local political institutions
Other site(s) used for course materials
- Orbi (https://hdl.handle.net/2268/347801)
Further information:
For the 'Institutions politiques locales' section, students should consult the documents available at the following address: https://hdl.handle.net/2268/347801.
Civil service law
Exam(s) in session
Any session
- In-person
written exam ( open-ended questions ) AND oral exam
Further information:
Exam(s) in session
Any session
- In-person
written exam ( open-ended questions ) AND oral exam
Additional information:
The examination will essentially aim at assessing students' capacity to resolve legal questions related to concrete situations, to apply the rules taught to situations not specifically covered during class, and to use their normative texts in order to find relevant information as well as to form concise and rigorous responses.
Part of the exam will be devoted to the written resolution of a case (based on a real tender document or public contract).
Another part will consist of orally presenting two issues relating to the subject. The presentation of these issues will give rise to additional questions which will test the students' knowledge of the subject.
Local political institutions
Exam(s) in session
Any session
- In-person
oral exam
Continuous assessment
Further information:
The continuous assessment is certificate-based. In other words, students are assessed on the basis of 1) their presentation and analysis of the case studies/themes and 2) their participation in the case study/themes discussions.
The following criteria are used to assess the students: 1) the completeness of the presentation of the case studies/themes, 2) the ability to explain the case studies/themes, 3) in a structured way, 4) the ability to identify the legal and political issues of the case studies/themes and 5) the ability to critically assess the case studies/themes presented.
There is no exam in January.
Work placement(s)
Organisational remarks and main changes to the course
Local political institutions
See Celcat
Contacts
Local political institutions
Ingrid Gabriel, collaboratrice
Ingrid.Gabriel@uliege.be